Terms of service

OVERVIEW
Welcome to Melavie! The terms “we”, “us” and “our” refer to Melavie. Melavie operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Melavie is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years old. 
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
Product images are for illustration, and packaging may vary slightly from what is shown. This does not affect your statutory rights. 
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Melavie reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Melavie confirms acceptance. We must receive and process your payment before your order is accepted. This does not affect your legal right to cancel, which is explained in our Refund Policy. Please review your order carefully before submitting, as Melavie may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy. 
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Prices shown include any applicable taxes. Delivery charges are shown at checkout before you pay. Orders delivered outside the UK may be subject to import duties and local taxes, which are your responsibility (see our Shipping Policy). 
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We aim to deliver within the timescales set out in our Shipping Policy. Delivery times are estimates. If your order has not arrived within 30 days of purchase, please contact us and you may cancel it for a full refund. Products are your responsibility from the time they are delivered to the address you gave us, and they become yours once we have received full payment.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Melavie, its affiliates or licensors and are protected by copyright, trade mark and other intellectual property laws. 
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Melavie, Shopify or any third party. Unauthorised use of the Services may infringe our intellectual property rights. All rights not expressly granted herein are reserved by Melavie. 
Melavie’s names, logos, product and service names, designs, and slogans are trademarks of Melavie or its affiliates or licensors. You must not use such trademarks without the prior written permission of Melavie. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Melavie is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Melavie. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Melavie, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Melavie.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to breach any applicable local, national or international law or regulation; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Melavie, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Website Content and Your Statutory Rights, Our Responsibility for Loss or Damage, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination. 

SECTION 15 - WEBSITE CONTENT AND YOUR STATUTORY RIGHTS
Information on our website, including skincare guidance and journal articles, is for general information only and is not medical advice. If you have a skin condition or concern, please consult a qualified healthcare professional.
We are legally required to supply products that are of satisfactory quality, fit for purpose and as described. Nothing in these Terms affects your statutory rights as a consumer. For more information, contact Citizens Advice.

SECTION 16 - OUR RESPONSIBILITY FOR LOSS OR DAMAGE
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failure to use reasonable care. We are not responsible for loss or damage that is not foreseeable.
We do not exclude or limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, and for breach of your legal rights in relation to the products.
Our products are supplied for private use only. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

SECTION 17 - EVENTS OUTSIDE OUR CONTROL
We are not responsible for delays or failure to perform our obligations caused by events outside our reasonable control. If such an event affects your order, we will contact you as soon as possible and you may cancel and receive a refund for any products you have paid for but not received.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer our rights and obligations under these Terms to another organisation. We will tell you if this happens, and it will not affect your rights under these Terms.

SECTION 21 - GOVERNING LAW
These Terms are governed by the law of England and Wales. You can bring legal proceedings in the courts of England and Wales. If you live in Scotland or Northern Ireland, you can also bring proceedings in your local courts.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at contact@melavie.co.uk.

This website is operated by Lumiver Beauty Limited, trading as MelaVie, a company registered in England and Wales (company number 13488043). Registered office: 86–90 Paul Street, London, EC2A 4NE, United Kingdom.

This page (together with the documents referred to on it) tells you of the terms and conditions on which you make use of the melavie.co.uk website (the ‘website’) whether as a guest or a registered user. Throughout the site, the terms “we”, “us” and “our” refer to MelaVie.

Please read these Terms and Conditions carefully before you start to use the website. This website is owned and operated by Lumiver Beauty Limited, trading as MelaVie. Our company details are set out in Section 24 above.

By using or accessing this website you are acknowledging that you have read, understood and agreed, without limitation or qualification, to be bound by these Terms and Conditions. 

MelaVie reserves the right to and may change these terms and policies at any time and will post notification of these changes online. Please review this web page regularly to ensure you are aware of any changes, as your continued use of melavie.co.uk constitutes acceptance of them.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not affect these Terms.

Links from our Site

This site may contain links to other sites or resources provided by us or third parties. Such links are provided solely for your use and convenience. Links do not represent any endorsement or recommendation on our behalf and does not mean we have any association or partnership with the linked website. We have no control over the contents of those sites provided by third parties, and we accept no responsibility for them or for any loss or damage which may arise from your use or engagement with them. Where such sites are provided and operated by MelaVie you will be bound by our terms and conditions. 

Any relationship you enter into with these sites is at your own risk and we strongly advise you to read their Terms and Conditions and Policies. 

Privacy Policy

Our Privacy Policy explains how we use your personal information. 

Language

This website and any subsequent contracts shall be conducted and concluded in English. 

Disclaimers

Melavie.co.uk takes every care possible to ensure that product descriptions, imagery, claims and all other information is correct at the time of publication on the website. However, though every effort is made to ensure such accuracy, MelaVie does not accept responsibility for errors in content. The website will be kept as up to date as possible at all times, however if product, treatment, location, certification updates have been made since the last date of publish on melavie.co.uk variation may occur in, although not limited to, size, price, description, results, formulation, design, packaging and availability. 

MelaVie will do its best to ensure that the website is readily available and functions at all times, but we make no guarantees as to the accessibility or functionality of the website, and we will not be liable for any damages, loss, costs or expenses incurred by you as a result of lack of availability of the website. 

Our Liability

Our responsibility to you is set out in Section 16 above. Nothing in these Terms affects your statutory rights.  

Registration, Personal Data and Online Shopping Partners

You guarantee that the personal information which you provide to us and/or when you register on melavie.co.uk is true, accurate and current in all respects. See our Privacy Policy regarding the use and treatment of your personal information. If you do not agree to your data being held by MelaVie, please do not register or purchase with us. 

Copyright

Melavie.co.uk and its entire content belong to MelaVie and its affiliates where relevant, including, but not limited to, copyright of all text, logos, icons, images, graphics, video and audio clips, animations and software used or which appear on the website. It also includes trademarks in our name and logos. These are protected by copyright laws and treaties. All such rights are reserved. 

Reproduction of part or all of the contents in any form is forbidden, unless for personal use. If you require use of any of this content for purposes outside of those set out above (including framing the website) we ask that you contact MelaVie directly to obtain permission. 

Our status (and that of any identified contributors) as the authors of materials on our website must always be acknowledged. 

Viruses, Hacking and other Offences

You must not misuse our website by knowingly introducing viruses, worms, Trojans, logic bombs or other material which is malicious or technologically harmful by nature. You must not attempt to gain unauthorised access to our website, the server on which our website is hosted, or any server, computer or database connected or related to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack. 

By choosing to breach this provision you commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach your right to access our site will be immediately terminated. 

We will not be held liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or any website linked to it. 

Complaints and Disputes

If you wish to log a complaint about any matter, please contact us on the following email address hello@melavie.co.uk. Governing law and jurisdiction are set out in Section 21 above.

Promotions

Relevant offer code/s must be used at checkout to qualify. Offers may be valid for a limited time only. MelaVie reserves the right to end or change a promotion at any time at its discretion. Offers cannot be used in conjunction with any other offers unless otherwise stated.

Our newsletter sign up discount code is available only to those who provide their email address on our website and then complete registration to our mailing list via email. The relevant discount code will be emailed to recipients and must be entered at checkout to qualify. The discount, once the code is entered at checkout, will be applied to the basket total before shipping is calculated. 

Accepting these Terms & Conditions

Whilst accessing this website you are agreeing to the Terms & Conditions as listed on the website. You acknowledge and agree that these Terms & Conditions (including our Privacy Policy) constitute the complete and exclusive agreement between us concerning your use of melavie.co.uk.

If you have any questions regarding these Terms & Conditions, please contact us on hello@melavie.co.uk